Calcutta High Court (Appellete Side)
353/435/506 Of The Indian Penal Code vs In Re : Mohanlal Shee & Anr on 5 June, 2023
05.06.2023 24 sdas allowed CRM(DB) No. 1969 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Potashpur Police Station Case No. 187 of 2023 dated 03.05.2023 under Sections 147/148/149/186/188/283/285/307/323/325/332/333/341/ 353/435/506 of the Indian Penal Code.
And In Re : Mohanlal Shee & Anr....... petitioners Ms. Aishwarya Bazaz ....for the petitioners Mr. Rudradipta Nandy, learned APP .... for the State Heard the learned Counsels for the parties. We have considered the materials on record. Allegations against the petitioners are general and omnibus. Incident occurred by way of impromptu protest against the murder of a political leader. Keeping in mind the aforesaid circumstances and the period of detention suffered by the petitioners i.e. over a month we are of the opinion further detention for progress of investigation is not necessary and they may be enlarged on bail.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur, subject to conditions that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
2In the event the petitioners fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)